State judge voids transfer of Valley View nursing home

GOSHEN — A judgment signed Tuesday by State Supreme Court Justice Elaine Slobod appears to invalidate not only the transfer of Orange County's Valley View nursing home to a local development corporation, but the creation of the LDC itself.

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By MICHAEL RANDALL

recordonline.com

By MICHAEL RANDALL

Posted Jul. 26, 2014 at 2:00 AM

By MICHAEL RANDALL

Posted Jul. 26, 2014 at 2:00 AM

» Social News

GOSHEN — A judgment signed Tuesday by State Supreme Court Justice Elaine Slobod appears to invalidate not only the transfer of Orange County's Valley View nursing home to a local development corporation, but the creation of the LDC itself.

The judgment, formalizing Slobod's initial decision last month, states that "Resolution 98 of 2014 of the respondent Orange County Legislature is hereby annulled as having been adopted contrary to law." That resolution created the LDC.

Lawyer Michael Sussman, who brought the lawsuit on behalf of residents and staff of Valley View, said that means not only is the Orange Valley View Development Corporation null and void, but so is the request for proposals it issued and any offers of purchase the county received in response.

"It is not a legally created entity," said Sussman. "It needs to stop spending county money."

Slobod initially ruled last month that the county Legislature's 12-9 vote on the resolution was invalid because a 14-vote supermajority is needed to transfer real property like Valley View to an LDC.

But the county is sticking to its assertion that Slobod's ruling does not wipe out everything that has been done to date.

Justin Miller, the lawyer for the LDC, said in a statement released Friday by county spokesman Dain Pascocello that Slobod relied on the wrong statute to reach her decision, and the county expects to win on appeal. The county needs only a simple majority to transfer property, he said.

"The judgment "Ľ would void the county's legislative act but has no effect on the status of Orange Valley View Development Corporation's existence as a duly incorporated and validly existing not-for-profit local development corporation," Miller's statement said in part.